MUHYIDDIN’S SEDITION CASE REMITTED TO HIGH COURT FOR TRIAL

PUTRAJAYA, Feb 9 (Bernama) — The Federal Court today remitted the former prime minister Tan Sri Muhyiddin Yassin’s sedition case to the High Court for trial.

Court of Appeal President Datuk Seri Abu Bakar Jais, chairing a five-member bench, said the defence is not prevented from raising the four legal questions concerning the Sedition Act in the course of the trial.

He said that at this stage, the Federal Court declined to answer the four questions of law posed by the defence.

The decision followed submissions by Muhyiddin’s counsel, Datuk Amer Hamzah Arshad, who informed the court that, after taking into account the court’s views and receiving instructions from his client, the defence was of the opinion that there were “live issues” which could be raised before the High Court during trial.

Amer Hamzah said the defence therefore agreed for the case to be remitted to the High Court for hearing and decision.

In explaining the court’s position, Justice Abu Bakar said that if the Federal Court were to decide on the legal questions at this stage and the decision was unfavourable to the applicant, it would not benefit Muhyiddin, as that ruling would bind the High Court.

Conversely, he said, any decision made by the High Court could be appealed to the Court of Appeal and subsequently to the Federal Court, preserving avenues of recourse for both the prosecution and the defence.

He added that if the Federal Court were to proceed with hearing and determining the questions of law now, there would be no further avenue of appeal for any party dissatisfied with its decision.

“The question is what is better for the accused. At this stage, should the High Court be required to follow what has already been decided by the Federal Court?

“Or is it better for the accused to allow the High Court, without being bound by the Federal Court, to determine these questions?” he said, noting that the trial has yet to begin and no witnesses have been called.

The other judges on the bench were Chief Judge of Malaya Datuk Seri Hashim Hamzah, and Federal Court judges Datuk Rhodzariah Bujang, Datuk Lee Swee Seng and Datuk Mohd Nazlan Mohd Ghazali.

Among the questions raised was whether Section 4 of the Sedition Act 1948, read together with Section 3(3), constitutes an unreasonable restriction that conflicts with Article 10(1)(a) of the Federal Constitution, as well as whether Sections 3(2) read with Section 3(3) is unconstitutional for infringing a defendant’s right to a fair trial.

On Feb 4 last year, Muhyiddin, 78, pleaded not guilty at the High Court to charges of making seditious comments during the Nenggiri by-election campaign at Dewan Semai Bakti Felda Perasu between 10.30 pm and 11.50 pm on Aug 14, 2024.

The alleged seditious statements concerned claims that he was not invited by the Yang di-Pertuan Agong to be sworn in as Prime Minister after the 15th General Election, despite reportedly having the support of 115 out of 222 members of parliament at the time.

Muhyiddin is charged under Section 4(1)(b) of the Sedition Act 1948, punishable under Subsection 4(1) with a fine of up to RM5,000, or imprisonment of up to three years, or both. The case was initially listed at the Gua Musang Sessions Court, Kelantan, on Aug 27, 2024, before being transferred to the High Court.

On Aug 28 last year, the High Court granted Muhyiddin’s application to refer the questions of law to the Federal Court.

Amer Hamzah later told reporters that the case has been fixed for case management at the High Court tomorrow.

In the proceedings today, also representing Muhyiddin were lawyers Rosli Dahlan, Chetan Jethwani, Joshua Tay H’ng Foong, Lee Yee Woei and Tan Jia Yearn. Deputy Public Prosecutors Saiful Hazmi Mohd Saad, Datuk Ahmad Sazali Omar and Nadia Mohd Izhar appeared for the prosecution.

-- BERNAMA